LEGAL PUBLIC HOLIDAYS
Federal law establishes the following as legal public holidays:

New Year’s Day, January 1
Birthday of Martin Luther King, Jr., the third Monday in January
Washington’s Birthday, the third Monday in February
Memorial Day, the last Monday in May
Juneteenth, June 19
Independence Day, July 4
Labor Day, the first Monday in September
Columbus Day, the second Monday in October
Veterans Day, November 11
Thanksgiving Day, the fourth Thursday in November
Christmas Day, December 25

Attachment 1 lists the dates employees are to observe each holiday in 2023 based on the days they are scheduled to work (i.e., Sunday through Thursday, Monday through Friday, Tuesday through Saturday).

DETERMINING THE DAY TO OBSERVE A HOLIDAY

1. The day an employee observes a holiday depends on the employee’s tour of duty and status on the day upon which the holiday falls. When a holiday falls on a scheduled workday, the employee observes the holiday on that day. When a holiday falls on a non-workday, an in-lieu-of holiday is identified.

2. The general rule for identifying an in-lieu-of holiday is as follows:

   1. When a holiday falls on a Sunday non-workday, the employee observes the holiday on his or her next scheduled workday. For example, if a holiday falls on a Sunday and the employee’s tour of duty is Monday through Friday, he or she observes the holiday on Monday, and if the tour of duty is Tuesday through Saturday, the employee observes the holiday on Tuesday.
   2. If the holiday falls on a non-workday other than Sunday, the employee observes the holiday on the preceding workday. For example, if a holiday falls on a Saturday, and the employee’s tour of duty is Monday through Friday or Sunday through Thursday, he or she observes the holiday on the preceding Friday.
3. The exception to this general rule applies to an employee with Sunday as part of his or her tour of duty and will identify an in-lieu-of holiday as follows:
   1. If the holiday falls on a Friday non-workday, the employee observes the holiday on his or her next scheduled workday. For example, if a holiday falls on a Friday and the employee’s work schedule is Sunday through Thursday, he or she observes the holiday on Sunday.
   2. If the holiday falls on a non-workday other than Friday (i.e., Saturday), the employee observes the holiday on the preceding workday. For example, the employee’s work schedule is Sunday through Thursday. When the holiday falls on a Saturday, the employee would observe the holiday on Thursday.

4. An employee who is relieved or prevented from working on the holiday is entitled to basic pay for the number of hours of the basic tour of duty he or she would have worked if the day had not been a holiday.

   1. A full-time employee under a Maxiflex schedule is credited with a maximum of 8 hours of basic pay on the holiday even if he or she would normally work more hours on that day.

   2. An employee who works a compressed work schedule is credited with 8, 9 or 10 hours of basic pay on the holiday that falls on an 8-, 9- or 10-hour day, respectively.

5. An employee who is required to work on the holiday is entitled to holiday premium pay for the hours worked within his or her basic tour of duty (nonovertime hours). This premium pay is in addition to the employee’s basic pay. An employee under a flexible work schedule may only receive up to 8 hours of holiday premium pay when he or she is required to work on a holiday.

6. For inspection program personnel (IPP), the inspector-in-charge (IIC) or the supervisor is to notify the establishment official of specific calendar days IPP will observe holidays according to the provisions in this notice. The IIC or supervisor is to post a notice of the scheduled holidays employees will observe on the bulletin board in the USDA office. Attachment 1 may be used for this purpose.

SHIFTS THAT SPAN 2 CALENDAR DAYS

1. When IPP have work schedules that span across 2 calendar days, (e.g., the shift begins at 11:00 p.m. and runs through 7:30 a.m. the next day) the holiday is to be observed on the day during which the holiday begins. For example, Thanksgiving falls on Thursday, November 23. Employees whose shift spans across 2 calendar days would report for work Wednesday night, November 22, and work as usual into Thursday (Thanksgiving) morning. These employees would observe the Thanksgiving holiday on the shift that begins on Thursday night, November 23 at 11:00 p.m.

2. The Agency is to follow the instructions established by E.O. 11582. Although the day on which these employees are to observe the holiday does not necessarily coincide with the day on which an establishment observes the holiday, FSIS does not have the authority to adjust the day of observance for its employees, nor does it have the authority to instruct an establishment when to observe the holiday.

INTERMITTENT EMPLOYEES
An intermittent employee does not have a regularly scheduled tour of duty and is not entitled to holiday pay or leave for Federal holidays. However, an intermittent employee does receive basic pay for hours of work performed on a holiday. For example, an intermittent employee who works 4 hours on a holiday receives 4 hours of basic pay.

PART-TIME EMPLOYEES
A part-time employee receives his or her basic pay for hours worked on a holiday that is included in his or her regularly scheduled tour of duty, or if excused from duty on a holiday, receives basic pay for all hours of the day’s scheduled tour of duty. If they work on the holiday, they receive holiday premium pay for hours worked in addition to basic pay. A part-time employee is not entitled to an in-lieu-of holiday, but may be given administrative leave when prevented from working on the in-lieu-of holiday.

QUESTIONS
Refer questions regarding this notice to FSISHR1@usda.gov with the subject “Holidays” or call 877-FSIS-HR1 (877-347-7471) and select option 4.